Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
       
       
       
       
       
       
                                Barcode 370784                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1p/RE/2R         .                                
             05/02/2013 07:40 AM       .                                
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       Senator Gardiner moved the following:
       
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    3  
    4         Delete lines 1647 - 1723
    5  and insert:
    6         Section 38. Section 322.143, Florida Statutes, is created
    7  to read:
    8         322.143Use of a driver license or identification card.—
    9         (1)As used in this section, the term:
   10         (a) “Personal information” means an individual’s name,
   11  address, date of birth, driver license number, or identification
   12  card number.
   13         (b) “Private entity” means any nongovernmental entity, such
   14  as a corporation, partnership, company or nonprofit
   15  organization, any other legal entity, or any natural person.
   16         (c) “Swipe” means the act of passing a driver license or
   17  identification card through a device that is capable of
   18  deciphering, in an electronically readable format, the
   19  information electronically encoded in a magnetic strip or bar
   20  code on the driver license or identification card.
   21         (2)Except as provided in subsection (6), a private entity
   22  may not swipe an individual’s driver license or identification
   23  card, except for the following purposes:
   24         (a) To verify the authenticity of a driver license or
   25  identification card or to verify the identity of the individual
   26  if the individual pays for a good or service with a method other
   27  than cash, returns an item, or requests a refund.
   28         (b)To verify the individual’s age when providing an age
   29  restricted good or service.
   30         (c) To prevent fraud or other criminal activity if an
   31  individual returns an item or requests a refund and the private
   32  entity uses a fraud prevention service company or system.
   33         (d)To transmit information to a check services company for
   34  the purpose of approving negotiable instruments, electronic
   35  funds transfers, or similar methods of payment.
   36         (e) To comply with a legal requirement to record, retain,
   37  or transmit the driver license information.
   38         (3)A private entity that swipes an individual’s driver
   39  license or identification card under paragraph (2)(a) or
   40  paragraph (2)(b) may not store, sell, or share personal
   41  information collected from swiping the driver license or
   42  identification card.
   43         (4)A private entity that swipes an individual’s driver
   44  license or identification card under paragraph (2)(c) or
   45  paragraph (2)(d) may store or share personal information
   46  collected from swiping an individual’s driver license or
   47  identification card for the purpose of preventing fraud or other
   48  criminal activity against the private entity.
   49         (5)(a)A person other than an entity regulated by the
   50  federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who
   51  receives personal information from a private entity under
   52  subsection (4) may use the personal information received only to
   53  prevent fraud or other criminal activity against the private
   54  entity that provided the personal information.
   55         (b)A person who is regulated by the federal Fair Credit
   56  Reporting Act and who receives personal information from a
   57  private entity under subsection (4) may use or provide the
   58  personal information received only to effect, administer, or
   59  enforce a transaction or prevent fraud or other criminal
   60  activity, if the person provides or receives personal
   61  information under contract from the private entity.
   62         (6)(a) An individual may consent to allow the private
   63  entity to swipe the individual’s driver license or
   64  identification card to collect and store personal information.
   65  However, the individual must be informed what information is
   66  collected and the purpose or purposes for which it will be used.
   67         (b) If the individual does not want the private entity to
   68  swipe the individual’s driver license or identification card,
   69  the private entity may manually collect personal information
   70  from the individual.
   71         (7)The private entity may not withhold the provision of
   72  goods or services solely as a result of the individual
   73  requesting the collection of the data in subsection (6) from the
   74  individual through manual means.
   75         (8)In addition to any other remedy provided by law, an
   76  individual may bring an action to recover actual damages and to
   77  obtain equitable relief, if equitable relief is available,
   78  against an entity that swipes, stores, shares, sells, or
   79  otherwise uses the individual’s personal information in
   80  violation of this section. If a court finds that a violation of
   81  this section was willful or knowing, the court may increase the
   82  amount of the award to no more than three times the amount
   83  otherwise available.
   84         (9) This section does not apply to a financial institution
   85  as defined in s. 655.005(i).
   86  
   87  
   88  ================= T I T L E  A M E N D M E N T ================
   89         And the title is amended as follows:
   90         Delete line 4790
   91  and insert:
   92         means; providing remedies; exempting financial
   93         institutions; amending s. 322.18, F.S.,;